Is Florida's Texting and Driving Law Too Weak?

Posted By Todd Miner Law || Jun 6, 2016

Florida enacted a texting and driving ban nearly three years ago, but critics
say the law is ineffective. According to preliminary data from the Department
of Highway Safety and Motor Vehicles, distracted Florida drivers caused
roughly 46,000 accidents in 2015 – a significant increase since
2012, when 33,511
distracted driving crashes occurred. Since then, the number of distraction-related crashes has risen steadily.

A spokesperson for the DHSMV said these statistics reflect more than just
texting behind the wheel, but a wide range of distractions, such as:

Talking on a cell phone

Conversing with passengers

Inattention to the road

Keeping an unsecured pet in the car

Personal grooming (applying makeup, etc.)

Texting While Driving is a “Secondary Offense” by Law

In Florida, texting and driving is a secondary offense. Simply put, this
means police can’t cite you for texting behind the wheel unless
they’ve already pulled you over for something else. Additionally,
the fine for a first-time texting while driving offense is only $30, and
the legislature hasn’t taken up any bills this year to make texting
and driving a primary offense.

What Makes Texting and Driving So Dangerous?

The National Highway Traffic Safety Administration breaks distracted driving
into three categories: visual, manual, and cognitive. In short, a visual
distraction takes your eyes away from the road; a manual distraction removes
your hands from the steering wheel; and a cognitive distraction diverts
your mental attention from driving.

Eating while driving, for example, is a manual distraction. While you might
be able to concentrate on driving and keep your eyes on the road ahead,
you cannot keep both hands on the steering wheel. Listening to loud music
or maintaining an in-depth conversation with a passenger, on the other
hand, is a cognitive distraction.

While these distractions are risky, texting and driving is especially dangerous
because it involves all three levels of distraction. Holding a phone, taking your eyes off the road, and reading / composing
a text encompass every form of distraction, making it one of the most
dangerous types of distracted driving.

Orlando Leads Florida for Distracted Driving Crashes

Most of the time, Miami-Dade leads all 67 Florida counties for accident
and injury statistics, but this year, Orange County led with 5,506 confirmed
distracted driving accidents in 2015. About 4,500 distracted driving crashes
happened in Miami-Dade. In Orange County, more than half of these accidents
involved injuries and 13 led to fatalities. Across the state, more than
200 people were killed in distracted driving accidents last year.

Information for Victims of Distracted Driving Accidents

If a distracted driver caused your accident, you have the right to seek
compensation for your injuries. With the help of an Orlando
personal injury attorney at Todd Miner Law, you can pursue payment for hospitalization,
lost wages, and other financial damages resulting from the accident. We
are committed to serving our clients and provide free initial consultations,
so get in touch with a member of our team today.